ABDUL RAHIM A M Vs. COMMERCIAL EMPLOYEES UNION

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment of the learned single Judge in O. P. No. 5682 of 1989 dated January 31, 1991. The President of the Alleppey Food Grains Merchants' Association is the appellant before us. He filed the above writ petition praying to quash Ext. P-1 order passed by the Deputy Labour Officer dated September 22, 1988 in exercise of the powers under Section 21 (4) of the Kerala Head Load Workers Act, 1978 (for short, the Act) and Ext. P-3 order passed by the Appellate Authority under the Act (Regional Joint Labour Commissioner, Quilon ).

(2.) THE prime question that is posed before us by the learned counsel for the appellant is whether the Deputy Labour Officer has the power or jurisdiction to deal with a dispute between the employer and employee involving wages as defined in Section 2 (s) of the Act.

(3.) SECTION 21 of the Act empowers the Assistant Labour Officer to hold conciliation conferences for the purpose of bringing about a settlement of the dispute which is connected with the employment or nonemployment or the terms of employment or with the conditions of work of any head load worker exists. Section 9 mandates that every employer shall pay to any headload worker employed by him such wages as may be prescribed and Section 11 allows the headload worker or an official of the union of which he is a member to make an application to the conciliation officer, if there is refusal to pay such wages by the employer. When there is refusal to pay the wages, the Labour Officer, after an enquiry, can direct the employer to pay the wages as prescribed under Section 11 of the Act.